FAQ: Elder Abuse

What is elder abuse?

Physical abuse, neglect, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering, the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering.

Who is consider an "elder" under the law?

Elder abuse protection applies to resident who is 65 years of age or older.

Who can bring an elder abuse lawsuit?

An elder or dependent individual who is living. The elder's or dependent individual's estate or successors in interest if the elder or dependent individual has died. The elder's or dependent individual's family members if they witness the abuse and the conservator or guardian of an incompetent elder or dependent individual.

Where does elder abuse most frequently occur?

Under the law, elder abuse can occur in any setting. Most cases arise out of nursing homes which are understaffed, and the staff that exists is poorly trained.

What does a plaintiff have to prove to win an elder abuse case?

To be entitled to the special remedies in an elder abuse case, the plaintiff must prove by clear and convincing evidence that the defendant is liable for physical abuse, neglect or fiduciary abuse and that the defendant has been guilty of recklessness, oppression, fraud and malice in commission of the abuse.

What damages are recoverable in elder abuse cases?

If the elder is still alive, he or she can recover past and future medical expenses which would include increased care expenses, and past and future wages lost if there is any, and damages for past and future pain and suffering. The elder can be awarded for punitive damages if the misconduct is severe enough. In cases where the elder has died, the survivors are entitled to recover all of the above damages plus damages resulting from the loss of society care and comfort which would have been provided to them by the elder.